IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3942/2019 BETWEEN:
Raju, S/o Kuppuswamy, Aged about 29 years, R/o Vagar Road, Aldur Post, Chikkamagaluru-577101. …Petitioner (By Sri.Girish B Baladare, Advocate) AND:
State by Aldur Police, Chikkamagaluru District.
Represented by Public Prosecutor, High Court Building, Bangalore-560001. …Respondent (By Sri.K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.83/2019 of Aldur P.S., Chikkamagaluru District for the offence p/u/s 307 read with Section 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.1 in Crime No.83/2019 of Aldur Police Station registered for the offence punishable under Section 370 read with Section 34 of IPC.
3. Brief facts of the case are that, on 13.05.2019 at about 11.00 PM, the petitioner and another person by name Naveen, went to the house of the complainant and asked for some coolie job. Then the complainant told them to come on the next day. When complainant standing outside house, accused No.2 caught hold of the complainant from the backside to facilitate this petitioner- accused No.1 to stab the complainant. Taking advantage of the said situation, this petitioner who was holding knife, has assaulted the complainant on his stomach and has caused severe injuries.
4. On perusal of the records and looking into the facts and circumstances of the case, it reveals that, the accused No.2 has been released on bail. It is the petitioner who is the main accused who stabbed the complainant with knife by causing severe injuries. Therefore, under these facts and circumstances of the case, in my opinion, the petitioner-accused No.1 is not entitled to be enlarged on anticipatory bail. Hence, the petition is liable to be dismissed.
Accordingly, petition stands dismissed.
Sd/- JUDGE SB